Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Tajikistan (Ratification: 1993)

Article 2(2) and (4) of the Convention. Medical examination by a qualified physician, issue of a medical certificate and the authority competent to draw up a health certificate and conditions of issue. Following its previous comments, the Committee notes the Government’s information in its report that the medical examinations to determine the fitness for work of young persons are carried out in accordance with medical form No. 086 of Order No. 98 of 2006 of the Ministry of Health. The Government also indicates that according to Order No. 98, a medical certificate will be issued by either the district or municipal health centre, based on the findings of the medical reports issued by specialists, including therapists, surgeons, neuropathologists, ophthalmologists, otolaryngologists and those pertaining to fluorographic examinations and laboratory test data. The Committee requests the Government to provide a copy of Order No. 98 of 2006, along with form No. 086.

Article 2(3)(b). List of jobs involving health risks. Following its previous comments, the Committee notes that the Government makes a reference to section 67 of the Labour Code which contains provisions regulating hours and conditions of work of young persons but does not provide any information on the requirements under Article 2(3)(b) of the Convention. The Committee therefore once again requests the Government to indicate whether the document certifying fitness for employment is issued for a specified job or for a group of jobs or occupation involving similar health risks classified by the authority responsible for the enforcement of the laws and regulations concerning medical examinations.

Article 6(1). Vocational guidance and physical and vocational rehabilitation for children and young persons found unsuited for certain types of work. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate specifically the measures taken by the competent authority to provide for the vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations in accordance with Article 6(1) of the Convention.

Article 6(3). Temporary work permits for a limited period. The Committee once again notes the absence of information in the Government’s report on this point. The Committee requests the Government to indicate whether national laws provide for the issue to children and young persons, whose fitness for employment is not clearly determined, of temporary work permits or medical certificates valid for a limited period at the expiry of which the young worker will be required to undergo re-examination, and of permits or certificates requiring special conditions of employment in accordance with Article 6(3) of the Convention.

Article 7(1). Availability to labour inspectors of the medical certificate. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to indicate the legislative or regulatory provisions which require the employer to keep available to labour inspectors either the medical certificate of fitness for employment or the work permit or workbook showing that there are no medical objections to the employment in accordance with paragraph 1 of this Article.

Practical application of the Convention. Noting that the Government has not supplied any information on this point, the Committee requests the Government to provide information, including extracts from the reports of the inspection services and statistical data concerning the number of children and young people who work and have undergone medical examinations provided for in the Convention.